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CONSTITUTION OF IRELAND – BUNREACHT NA hÉIREANN

BUNREACHT NA hÉIREANN

CONSTITUTION OF IRELAND

Enacted by the People 1st July, 1937

In operation as from 29th December, 1937

This text of the Constitution is a copy of the textenrolled on 27 May, 1999 pursuant to Article 25.5.2°except that:

the Transitory Provisions (Articles 51-63) are omitted asrequired by their terms; the Irish text has been alteredso as to make it conform to modern standardized Irish;the twentieth amendment, enacted subsequent toenrolment, is incorporated; the new Articles 2 and 3 andthe new section 8 in Article 29 are inserted pursuant to

the provisions of the Nineteenth Amendment of theConstitution Act, 1998; the twenty-first, twenty-third,twenty-sixth and twenty-seventh amendments, enactedsubsequent to enrolment have now been incorporated.Amendments effected since the Constitution wasenacted in 1937 up to the time of printing of this edition(November 2004) are listed below.




AMENDING ACTS

SHORT TITLE DATES OF SIGNATURE

First Amendment of the Constitution Act,1939[Extended to conflicts in which the Stateis not a participant the provision for astate of emergency to secure the publicsafety and preservation of the Statein time of war or armed rebellion.]

2 September, 1939

Second Amendment of the ConstitutionAct, 1941[An omnibus proposal, covering a rangeof disparate Articles, aimed attidying up the Constitution in the light of experience since its enactment.]

30 May, 1941

Third Amendment of the Constitution Act,1972[Allowed the State to become a memberof the European Communities.]

8 June, 1972

Fourth Amendment of the ConstitutionAct, 1972[Reduced the minimum voting age at Dáiland Presidential electionsand referendums from 21 years to 18years.]

5 January, 1973

Fifth Amendment of the Constitution Act,1972[Removed from the Constitution the

special position of the CatholicChurch and the recognition of othernamed religious denominations.]

5 January, 1973

Sixth Amendment of the Constitution(Adoption) Act, 1979[Ensured that adoption orders made bythe Adoption Board couldnot be declared invalid because theywere not made by a court.]

3 August, 1979




Seventh Amendment of the Constitution(Election of Members of Seanad Éireannby Institutions of Higher Education) Act,1979

[Provided for the election of members of Seanad Éireann by universitiesand other institutions of highereducation.]

3 August, 1979

Eighth Amendment of the ConstitutionAct, 1983[Acknowledged the right to life of theunborn, with due regard to theequal right to life of the mother.]

7 October, 1983

Ninth Amendment of the ConstitutionAct, 1984[Extended the right to vote at Dáilelections to certain non-Irish nationals.]

2 August, 1984

Tenth Amendment of the ConstitutionAct, 1987[Allowed the State to ratify the Single

European Act.]

22 June, 1987

Eleventh Amendment of the ConstitutionAct, 1992[Allowed the State to ratify the Treaty onEuropean Union (Maastricht)and to become a member of that union.]

16 July, 1992

There is no Twelfth Amendment. On 25 November 1992, three

proposals were put to the people, the Twelfth, Thirteenth andFourteenth Amendments. The people rejected the Twelfth (whichdealt with the right to life of the unborn) and approved theThirteenth and Fourteenth (below).

Thirteenth Amendment of theConstitution Act, 1992[Provided that Article 40.3.3° (the rightto life of the unborn) would not limitfreedom to travel between Ireland and

another state]

23 December, 1992






effect when that agreement entered intoforce.]

Twentieth Amendment of the Constitution

Act, 1999[Provided constitutional recognition of the role of local government and thatlocal elections are held at least every fiveyears.]

23 June, 1999

Twenty-first Amendment of theConstitution Act, 2001 [Prohibition of death penalty and removal of referencesto death penalty]

27 March, 2002

There is no Twenty–second Amendmentof the Constitution. The Twenty–secondAmendment of the Constitution Bill, 2001[relating to the removal of a judge fromoffice and providing for a body to beestablished by law to investigate or causeto be investigated conduct constituting

misbehaviour by a judge or affected byincapacity of a judge] was not passed bythe Houses of the Oireachtas.

Twenty–third Amendment of theConstitution Act, 2001 [Allowing theState to ratify the Rome Statute of theInternational Criminal Court].

27 March, 2002

There is no Twenty-fourth Amendment of the Constitution . On 7 June, 2001, threeproposals were put to the people, theTwenty-first, Twenty-third and Twenty-fourth Amendments. The people rejectedthe Twenty-fourth (which dealt with theTreaty of Nice) and approved theTwenty-first and Twenty-third (above).




There is no Twenty-fifth Amendment. On6 March, 2002, a proposal for theTwenty-fifth Amendment to theConstitution was put to the people and

was rejected [Protection of Pregnancy inHuman Life].

Twenty-sixth Amendment of theConstitution Act, 2002. [Allowed theState to ratify the Treaty of Nice].

7 November, 2002

Twenty-seventh Amendment of theConstitution Act, 2004.[Irish citizenshipof children of non-national parents] 24 June, 2004




Contents

ARTI CLES

Preamble

1-3 The Nation

4-11 The State

12-14 The President

15-27 The National Parliament

1516-1718-19

20-27

Constitution and PowersDáil ÉireannSeanad Éireann

Legislation

28 The Government

28A Local Government

29 International Relations

30 The Attorney General

31-32 The Council of State

33 The Comptroller and Auditor General

34-37 The Courts

38-39 Trial Of Offences

40-44 Fundamental Rights

40414243

44

Personal RightsThe FamilyEducationPrivate Property

Religion45 Directive P rinciples of Social P olicy

46 Amendment of the Constitution

47 The Referendum

48-50 Repeal of Constitution of SaorstátÉireann and Continuance of Laws




CONSTITUTION OF IRELAND

I n t h e N a m e o f t h e M os t H ol y Tr i n i t y , f r o m Wh o m i s al l au tho r i t y and t o Wh om , as ou r f i na l end , al l act i ons bo th o f m en and Sta t es m us t be re fe r red ,

W e, the peop le o f Éi re ,

Hum b ly acknow ledg ing al l ou r ob l i ga t i ons to ou r D iv ine Lord , Jesus Chr is t , Wh o sus ta ined ou r f a t h e rs t h ro u g h c en tu r i es o f t r i al ,

Gra te fu l l y r emem ber ing the i r he ro i c and u n re m i t t i n g s t r u g g l e t o r e g ai n t h e r i g h t f u l i ndependence o f ou r Na t ion ,

A n d se ek i n g t o p ro m o te t h e co m m o n g o o d , w i t h

due observ ance o f Pru dence , Jus t ice and Char i ty ,s o t h a t t h e d i g n i t y a n d f r e e do m o f t h e i n d i v i d u a l m ay be assu red , t rue socia l o rde r a t t a ined , th e un i t y o f ou r coun t r y res to red , and conco rd estab l i shed w i th o th e r na t i ons ,

Do he reby adop t , enac t , and g i ve to ou rse lves th i s Cons t i tu t i on .




THE NATION

Article 1

The Irish nation hereby affirms its inalienable,indefeasible, and sovereign right to choose its own formof Government, to determine its relations with othernations, and to develop its life, political, economic andcultural, in accordance with its own genius andtraditions.

Article 2

It is the entitlement and birthright of every person bornin the island of Ireland, which includes its islands and

seas, to be part of the Irish Nation. That is also theentitlement of all persons otherwise qualified inaccordance with law to be citizens of Ireland.Furthermore, the Irish nation cherishes its specialaffinity with people of Irish ancestry living abroad whoshare its cultural identity and heritage.

Article 3

1. It is the firm will of the Irish Nation, in harmony andfriendship, to unite all the people who share the territoryof the island of Ireland, in all the diversity of their identitiesand traditions, recognising that a united Irelandshall be brought about only by peaceful means with theconsent of a majority of the people, democraticallyexpressed, in both jurisdictions in the island. Until then, thelaws enacted by the Parliament established bythis Constitution shall have the like area and extent of application as the laws enacted by the Parliament thatexisted immediately before the coming into operation of thisConstitution.

2. Institutions with executive powers and functions that areshared between those jurisdictions may be establishedby their respective responsible authorities for stated purposesand may exercise powers and functions in respectof all or any part of the island.




THE STATE

Article 4

The name of the State is Éire, or, in the Englishlanguage, Ireland.

Article 5

Ireland is a sovereign, independent, democratic state.

Article 6

1. All powers of government, legislative, executive and judicial,derive, under God, from the people, whose right it is to

designate the rulers of the State and, in final appeal, todecide all questions of national policy, according to therequirements of the common good.

2. These powers of government are exercisable only by or on theauthority of the organs of State established by thisConstitution.

Article 7

The national flag is the tricolour of green, white andorange.

Article 8

1. The Irish language as the national language is the first officiallanguage.

2. The English language is recognised as a second officiallanguage.

3. Provision may, however, be made by law for the exclusive useof either of the said languages for any one or more officialpurposes, either throughout the State or in any part thereof.




Article 9

1. 1° On the coming into operation of this Constitution anyperson who was a citizen of Saorstát Éireann immediatelybefore the coming into operation of this Constitution shallbecome and be a citizen of Ireland.

2° The future acquisition and loss of Irish nationalityand citizenship shall be determined in accordance withlaw.

3° No person may be excluded from Irish nationalityand citizenship by reason of the sex of such person.

2. 1° Notwithstanding any other provision of this Constitution, aperson born in the island of Ireland, which includes its islandsand seas, who does not have, at the time of the birth of thatperson, at least one parent who is an Irish citizen or entitledto be an Irish citizen is not entitled to Irish citizenship ornationality, unless provided for by law.

2° This section shall not apply to persons born before the dateof the enactment of this section.

3. Fidelity to the nation and loyalty to the State are fundamentalpolitical duties of all citizens.

Article 10

1. All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament andGovernment established by this Constitution and all royaltiesand franchises within that jurisdiction belong to the Statesubject to all estates and interests therein for the time being

lawfully vested in any person or body.

2. All land and all mines, minerals and waters which belonged toSaorstát Éireann immediately before the coming intooperation of this Constitution belong to the State to the sameextent as they then belonged to Saorstát Éireann.

3. Provision may be made by law for the management of theproperty which belongs to the State by virtue of this Article

and for the control of the alienation, whether temporary or




permanent, of that property.

4. Provision may also be made by law for the management of land, mines, minerals and waters acquired by the State after

the coming into operation of this Constitution and for thecontrol of the alienation, whether temporary or permanent, of the land, mines, minerals and waters so acquired.




Article 11

All revenues of the State from whatever source arisingshall, subject to such exception as may be provided bylaw, form one fund, and shall be appropriated for thepurposes and in the manner and subject to the chargesand liabilities determined and imposed by law.




THE PRESIDENT

Article 12

1. There shall be a President of Ireland (Uachtarán na hÉireann),

hereinafter called the President, who shall take precedenceover all other persons in the State and who shall exercise andperform the powers and functions conferred on the Presidentby this Constitution and by law.

2. 1° The President shall be elected by direct vote of the people.

2° Every citizen who has the right to vote at an electionfor members of Dáil Éireann shall have the right to voteat an election for President.

3° The voting shall be by secret ballot and on thesystem of proportional representation by means of thesingle transferable vote.

3. 1° The President shall hold office for seven years from thedate upon which he enters upon his office, unless before theexpiration of that period he dies, or resigns, or is removedfrom office, or becomes permanently incapacitated, suchincapacity being established to the satisfaction of theSupreme Court consisting of not less than five judges.

2° A person who holds, or who has held, office asPresident, shall be eligible for re-election to that officeonce, but only once.

3° An election for the office of President shall be heldnot later than, and not earlier than the sixtieth daybefore, the date of the expiration of the term of office of every President, but in the event of the removal fromoffice of the President or of his death, resignation, or

permanent incapacity established as aforesaid (whetheroccurring before or after he enters upon his office), anelection for the office of President shall be held withinsixty days after such event.

4. 1° Every citizen who has reached his thirty-fifth year of age iseligible for election to the office of President.

2° Every candidate for election, not a former or retiringPresident, must be nominated either by:

i. not less than twentypersons, each of whom is




at the time a member of one of the Houses of theOireachtas, or

ii. by the Councils of not less

than four administrativeCounties (including CountyBoroughs) as defined bylaw.

3° No person and no such Council shall be entitled tosubscribe to the nomination of more than one candidatein respect of the same election.

4° Former or retiring Presidents may become candidateson their own nomination.

5° Where only one candidate is nominated for the officeof President it shall not be necessary to proceed to aballot for his election.

5. Subject to the provisions of this Article, elections for the officeof President shall be regulated by law.

6. 1° The President shall not be a member of either House of theOireachtas.

2° If a member of either House of the Oireachtas beelected President, he shall be deemed to have vacatedhis seat in that House.

3° The President shall not hold any other office orposition of emolument.

7. The first President shall enter upon his office as soon as maybe after his election, and every subsequent President shallenter upon his office on the day following the expiration of the

term of office of his predecessor or as soon as may bethereafter or, in the event of his predecessor’s removal fromoffice, death, resignation, or permanent incapacity establishedas provided by section 3 hereof, as soon as may be after theelection.

8. The President shall enter upon his office by taking andsubscribing publicly, in the presence of members of bothHouses of the Oireachtas, of Judges of the Supreme Court andof the High Court, and other public personages, the followingdeclaration:




"In the presence of Almighty God I ,dosolemnly and sincerely promise and declarethat I will maintain the Constitution of Ireland and uphold its laws, that I will fulfilmy duties faithfully and conscientiously in

accordance with the Constitution and thelaw, and that I will dedicate my abilities tothe service and welfare of the people of Ireland. May God direct and sustain me."

9. The President shall not leave the State during his term of office save with the consent of the Government.

10.1° The President may be impeached for stated misbehaviour.

2° The charge shall be preferred by either of the Housesof the Oireachtas, subject to and in accordance with theprovisions of this section.

3° A proposal to either House of the Oireachtas toprefer a charge against the President under this sectionshall not be entertained unless upon a notice of motionin writing signed by not less than thirty members of thatHouse.

4° No such proposal shall be adopted by either of theHouses of the Oireachtas save upon a resolution of thatHouse supported by not less than two-thirds of the totalmembership thereof.

5° When a charge has been preferred by either Houseof the Oireachtas, the other House shall investigate thecharge, or cause the charge to be investigated.

6° The President shall have the right to appear and tobe represented at the investigation of the charge.

7° If, as a result of the investigation, a resolution bepassed supported by not less than two-thirds of thetotal membership of the House of the Oireachtas bywhich the charge was investigated, or caused to beinvestigated, declaring that the charge preferred againstthe President has been sustained and that themisbehaviour, the subject of the charge, was such as to

render him unfit to continue in office, such resolutionshall operate to remove the President from his office.




11.1° The President shall have an official residence in or near theCity of Dublin.

2° The President shall receive such emoluments and

allowances as may be determined by law.3° The emoluments and allowances of the Presidentshall not be diminished during his term of office.

Article 13

1. 1° The President shall, on the nomination of Dáil Éireann,appoint the Taoiseach, that is, the head of the Government orPrime Minister.

2° The President shall, on the nomination of theTaoiseach with the previous approval of Dáil Éireann,appoint the other members of the Government.

3° The President shall, on the advice of the Taoiseach,accept the resignation or terminate the appointment of any member of the Government.

2. 1° Dáil Éireann shall be summoned and dissolved by thePresident on the advice of the Taoiseach.

2° The President may in his absolute discretion refuse todissolve Dáil Éireann on the advice of a Taoiseach whohas ceased to retain the support of a majority in DáilÉireann.

3° The President may at any time, after consultationwith the Council of State, convene a meeting of eitheror both of the Houses of the Oireachtas.

3. 1° Every Bill passed or deemed to have been passed by bothHouses of the Oireachtas shall require the signature of the

President for its enactment into law.2° The President shall promulgate every law made bythe Oireachtas.

4. The supreme command of the Defence Forces is herebyvested in the President.

5. 1° The exercise of the supreme command of the DefenceForces shall be regulated by law.

2° All commissioned officers of the Defence Forces shallhold their commissions from the President.




6. The right of pardon and the power to commute or remitpunishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but suchpower of commutation or remission may also be conferred bylaw on other authorities.

7. 1° The President may, after consultation with the Council of State, communicate with the Houses of the Oireachtas bymessage or address on any matter of national or publicimportance.

2° The President may, after consultation with theCouncil of State, address a message to the Nation atany time on any such matter.

3° Every such message or address must, however, havereceived the approval of the Government.

8. 1° The President shall not be answerable to either House of the Oireachtas or to any court for the exercise andperformance of the powers and functions of his office or forany act done or purporting to be done by him in the exerciseand performance of these powers and functions.

2° The behaviour of the President may, however, be broughtunder review in either of the Houses of the Oireachtas for thepurposes of section 10 of Article 12 of this Constitution, or byany court, tribunal or body appointed or designated by eitherof the Houses of the Oireachtas for the investigation of acharge under section 10 of the said Article.

9. The powers and functions conferred on the President by thisConstitution shall be exercisable and performable by him onlyon the advice of the Government, save where it is provided bythis Constitution that he shall act in his absolute discretion orafter consultation with or in relation to the Council of State, or

on the advice or nomination of, or on receipt of any othercommunication from, any other person or body.

10. Subject to this Constitution, additional powers andfunctions may be conferred on the President by law.

11. No power or function conferred on the President by lawshall be exercisable or performable by him save only on theadvice of the Government.




Article 14

1. In the event of the absence of the President, or his temporaryincapacity, or his permanent incapacity established asprovided by section 3 of Article 12 hereof, or in the event of his death, resignation, removal from office, or failure toexercise and perform the powers and functions of his office orany of them, or at any time at which the office of Presidentmay be vacant, the powers and functions conferred on thePresident by or under this Constitution shall be exercised andperformed by a Commission constituted as provided in section2 of this Article.

2. 1° The Commission shall consist of the following persons,

namely, the Chief Justice, the Chairman of Dáil Éireann (AnCeann Comhairle), and the Chairman of Seanad Éireann.

2° The President of the High Court shall act as amember of the Commission in the place of the Chief Justice on any occasion on which the office of Chief Justice is vacant or on which the Chief Justice is unableto act.

3° The Deputy Chairman of Dáil Éireann shall act as amember of the Commission in the place of the Chairman

of Dáil Éireann on any occasion on which the office of Chairman of Dáil Éireann is vacant or on which the saidChairman is unable to act.

4° The Deputy Chairman of Seanad Éireann shall act asa member of the Commission in the place of theChairman of Seanad Éireann on any occasion on whichthe office of Chairman of Seanad Éireann is vacant or onwhich the said Chairman is unable to act.

3. The Commission may act by any two of their number and may

act notwithstanding a vacancy in their membership.

4. The Council of State may by a majority of its members makesuch provision as to them may seem meet for the exerciseand performance of the powers and functions conferred onthe President by or under this Constitution in any contingencywhich is not provided for by the foregoing provisions of thisArticle.

5. 1° The provisions of this Constitution which relate to theexercise and performance by the President of the powers and




functions conferred on him by or under this Constitution shallsubject to the subsequent provisions of this section apply tothe exercise and performance of the said powers andfunctions under this Article.

2° In the event of the failure of the President to exercise orperform any power or function which the President is by orunder this Constitution required to exercise or perform withina specified time, the said power or function shall be exercisedor performed under this Article, as soon as may be after theexpiration of the time so specified.




THE NATIONAL PARLIAMENT

Constitution and Pow ers

Article 15

1. 1° The National Parliament shall be called and known, and isin this Constitution generally referred to, as the Oireachtas.

2° The Oireachtas shall consist of the President and twoHouses, viz.: a House of Representatives to be calledDáil Éireann and a Senate to be called Seanad Éireann.

3° The Houses of the Oireachtas shall sit in or near theCity of Dublin or in such other place as they may fromtime to time determine.

2. 1° The sole and exclusive power of making laws for the Stateis hereby vested in the Oireachtas: no other legislativeauthority has power to make laws for the State.

2° Provision may however be made by law for thecreation or recognition of subordinate legislatures andfor the powers and functions of these legislatures.

3. 1° The Oireachtas may provide for the establishment orrecognition of functional or vocational councils representing

branches of the social and economic life of the people.2° A law establishing or recognising any such councilshall determine its rights, powers and duties, and itsrelation to the Oireachtas and to the Government.

4. 1° The Oireachtas shall not enact any law which is in anyrespect repugnant to this Constitution or any provisionthereof.

2° Every law enacted by the Oireachtas which is in any

respect repugnant to this Constitution or to anyprovision thereof, shall, but to the extent only of suchrepugnancy, be invalid.

5. 1° The Oireachtas shall not declare acts to be infringementsof the law which were not so at the date of their commission.

2° The Oireachtas shall not enact any law providing for theimposition of the death penalty.

6. 1° The right to raise and maintain military or armed forces isvested exclusively in the Oireachtas.




2° No military or armed force, other than a military orarmed force raised and maintained by the Oireachtas,shall be raised or maintained for any purposewhatsoever.

7. The Oireachtas shall hold at least one session every year.

8. 1° Sittings of each House of the Oireachtas shall be public.

2° In cases of special emergency, however, eitherHouse may hold a private sitting with the assent of two-thirds of the members present.

9. 1° Each House of the Oireachtas shall elect from its membersits own Chairman and Deputy Chairman, and shall prescribe

their powers and duties.2° The remuneration of the Chairman and DeputyChairman of each House shall be determined by law.

10. Each House shall make its own rules and standingorders, with power to attach penalties for their infringement,and shall have power to ensure freedom of debate, to protectits official documents and the private papers of its members,and to protect itself and its members against any person orpersons interfering with, molesting or attempting to corrupt

its members in the exercise of their duties.

11.1° All questions in each House shall, save as otherwiseprovided by this Constitution, be determined by a majority of the votes of the members present and voting other than theChairman or presiding member.

2° The Chairman or presiding member shall have andexercise a casting vote in the case of an equality of

votes.

3° The number of members necessary to constitute ameeting of either House for the exercise of its powersshall be determined by its standing orders.

12. All official reports and publications of the Oireachtas orof either House thereof and utterances made in either Housewherever published shall be privileged.

13. The members of each House of the Oireachtas shall,except in case of treason as defined in this Constitution,




felony or breach of the peace, be privileged from arrest ingoing to and returning from, and while within the precincts of,either House, and shall not, in respect of any utterance ineither House, be amenable to any court or any authority otherthan the House itself.

14. No person may be at the same time a member of bothHouses of the Oireachtas, and, if any person who is already amember of either House becomes a member of the otherHouse, he shall forthwith be deemed to have vacated his firstseat.

15. The Oireachtas may make provision by law for thepayment of allowances to the members of each House thereof in respect of their duties as public representatives and for thegrant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas maydetermine.

Dáil Éireann

Article 16

1. 1° Every citizen without distinction of sex who has reachedthe age of twenty-one years, and who is not placed underdisability or incapacity by this Constitution or by law, shall beeligible for membership of Dáil Éireann.

2° i All citizens, and

ii such other persons in the State as may bedetermined by law,

without distinction of sex who have reached the age of eighteen years who are not disqualified by law andcomply with the provisions of the law relating to the

election of members of Dáil Éireann, shall have the rightto vote at an election for members of Dáil Éireann.

3° No law shall be enacted placing any citizen underdisability or incapacity for membership of Dáil Éireannon the ground of sex or disqualifying any citizen orother person from voting at an election for members of Dáil Éireann on that ground.

4° No voter may exercise more than one vote at anelection for Dáil Éireann, and the voting shall be bysecret ballot.




2. 1° Dáil Éireann shall be composed of members who representconstituencies determined by law.

2° The number of members shall from time to time befixed by law, but the total number of members of Dáil

Éireann shall not be fixed at less than one member foreach thirty thousand of the population, or at more thanone member for each twenty thousand of thepopulation.

3° The ratio between the number of members to beelected at any time for each constituency and thepopulation of each constituency, as ascertained at thelast preceding census, shall, so far as it is practicable,be the same throughout the country.

4° The Oireachtas shall revise the constituencies atleast once in every twelve years, with due regard tochanges in distribution of the population, but anyalterations in the constituencies shall not take effectduring the life of Dáil Éireann sitting when such revisionis made.

5° The members shall be elected on the system of proportional representation by means of the singletransferable vote.

6° No law shall be enacted whereby the number of members to be returned for any constituency shall beless than three.

3. 1° Dáil Éireann shall be summoned and dissolved as providedby section 2 of Article 13 of this Constitution.

2° A general election for members of Dáil Éireann shalltake place not later than thirty days after a dissolutionof Dáil Éireann.

4. 1° Polling at every general election for Dáil Éireann shall asfar as practicable take place on the same day throughout thecountry.

2° Dáil Éireann shall meet within thirty days from thatpolling day.

5. The same Dáil Éireann shall not continue for a longer periodthan seven years from the date of its first meeting: a shorterperiod may be fixed by law.

6. Provision shall be made by law to enable the member of DáilÉireann who is the Chairman immediately before a dissolution




of Dáil Éireann to be deemed without any actual election to beelected a member of Dáil Éireann at the ensuing generalelection.

7. Subject to the foregoing provisions of this Article, elections formembership of Dáil Éireann, including the filling of casualvacancies, shall be regulated in accordance with law.

Article 17

1. 1° As soon as possible after the presentation to Dáil Éireannunder Article 28 of this Constitution of the Estimates of receipts and the Estimates of expenditure of the State for anyfinancial year, Dáil Éireann shall consider such Estimates.

2° Save in so far as may be provided by specificenactment in each case, the legislation required to giveeffect to the Financial Resolutions of each year shall beenacted within that year.

2. Dáil Éireann shall not pass any vote or resolution, and no lawshall be enacted, for the appropriation of revenue or otherpublic moneys unless the purpose of the appropriation shallhave been recommended to Dáil Éireann by a message fromthe Government signed by the Taoiseach.

Seanad ÉireannArticle 18

1. Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nineshall be elected members.

2. A person to be eligible for membership of Seanad Éireannmust be eligible to become a member of Dáil Éireann.

3. The nominated members of Seanad Éireann shall benominated, with their prior consent, by the Taoiseach who isappointed next after the re-assembly of Dáil Éireann followingthe dissolution thereof which occasions the nomination of thesaid members.

4. 1° The elected members of Seanad Éireann shall be elected asfollows:—




i Three shall be elected by theNational University of Ireland.

ii Three shall be elected by theUniversity of Dublin.

iii Forty-three shall be electedfrom panels of candidatesconstituted as hereinafterprovided.

2° Provision may be made by law for the election, on afranchise and in the manner to be provided by law, byone or more of the following institutions, namely:

i the universities mentioned in

subsection 1° of this section,ii any other institutions of highereducation in the State,

of so many members of Seanad Éireann as may be fixedby law in substitution for an equal number of themembers to be elected pursuant to paragraphs i and iiof the said subsection 1°.

A member or members of Seanad Éireann may be

elected under this subsection by institutions groupedtogether or by a single institution.

3° Nothing in this Article shall be invoked to prohibit thedissolution by law of a university mentioned insubsection 1° of this section.

5. Every election of the elected members of Seanad Éireann shallbe held on the system of proportional representation bymeans of the single transferable vote, and by secret postalballot.

6. The members of Seanad Éireann to be elected by theUniversities shall be elected on a franchise and in the mannerto be provided by law.

7. 1° Before each general election of the members of SeanadÉireann to be elected from panels of candidates, five panels of candidates shall be formed in the manner provided by lawcontaining respectively the names of persons having

knowledge and practical experience of the following interestsand services, namely:–




i National Language and Culture,Literature, Art, Education andsuch professional interests asmay be defined by law for thepurpose of this panel;

ii Agriculture and alliedinterests, and Fisheries;

iii Labour, whether organised orunorganised;

iv Industry and Commerce,including banking, finance,accountancy, engineering andarchitecture;

v Public Administration andsocial services, includingvoluntary social activities.

2° Not more than eleven and, subject to the provisionsof Article 19 hereof, not less than five members of Seanad Éireann shall be elected from any one panel.

8. A general election for Seanad Éireann shall take place notlater than ninety days after a dissolution of Dáil Éireann, and

the first meeting of Seanad Éireann after the general electionshall take place on a day to be fixed by the President on theadvice of the Taoiseach.

9. Every member of Seanad Éireann shall, unless he dies,resigns, or becomes disqualified, continue to hold office untilthe day before the polling day of the general election forSeanad Éireann next held after his election or nomination.

10.1° Subject to the foregoing provisions of this Article electionsof the elected members of Seanad Éireann shall be regulatedby law.

2° Casual vacancies in the number of the nominatedmembers of Seanad Éireann shall be filled bynomination by the Taoiseach with the prior consent of persons so nominated.




3° Casual vacancies in the number of the electedmembers of Seanad Éireann shall be filled in themanner provided by law.

Article 19

Provision may be made by law for the direct election by anyfunctional or vocational group or association or council of so manymembers of Seanad Éireann as may be fixed by such law insubstitution for an equal number of the members to be elected fromthe corresponding panels of candidates constituted under Article 18of this Constitution.

Legislation

Article 20

1. Every Bill initiated in and passed by Dáil Éireann shall be sentto Seanad Éireann and may, unless it be a Money Bill, beamended in Seanad Éireann and Dáil Éireann shall considerany such amendment.

2. 1° A Bill other than a Money Bill may be initiated in SeanadÉireann, and if passed by Seanad Éireann, shall be introducedin Dáil Éireann.

2° A Bill initiated in Seanad Éireann if amended in DáilÉireann shall be considered as a Bill initiated in DáilÉireann.

3. A Bill passed by either House and accepted by the otherHouse shall be deemed to have been passed by both Houses.

Money B i l l s

Article 21

1. 1° Money Bills shall be initiated in Dáil Éireann only.

2° Every Money Bill passed by Dáil Éireann shall be sentto Seanad Éireann for its recommendations.

2. 1° Every Money Bill sent to Seanad Éireann for itsrecommendations shall, at the expiration of a period notlonger than twenty-one days after it shall have been sent toSeanad Éireann, be returned to Dáil Éireann, which mayaccept or reject all or any of the recommendations of SeanadÉireann.

2° If such Money Bill is not returned by Seanad Éireannto Dáil Éireann within such twenty-one days or is




returned within such twenty-one days withrecommendations which Dáil Éireann does not accept, itshall be deemed to have been passed by both Houses atthe expiration of the said twenty-one days.

Article 221. 1° A Money Bill means a Bill which contains only provisions

dealing with all or any of the following matters, namely, theimposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or otherfinancial purposes of charges on public moneys or thevariation or repeal of any such charges; supply; theappropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or therepayment thereof; matters subordinate and incidental tothese matters or any of them.

2° In this definition the expressions "taxation", "publicmoney" and "loan" respectively do not include anytaxation, money or loan raised by local authorities orbodies for local purposes.

2. 1° The Chairman of Dáil Éireann shall certify any Bill which, inhis opinion, is a Money Bill to be a Money Bill, and hiscertificate shall, subject to the subsequent provisions of this

section, be final and conclusive.2° Seanad Éireann, by a resolution, passed at a sittingat which not less than thirty members are present, mayrequest the President to refer the question whether theBill is or is not a Money Bill to a Committee of Privileges.

3° If the President after consultation with the Council of State decides to accede to the request he shall appointa Committee of Privileges consisting of an equal numberof members of Dáil Éireann and of Seanad Éireann and

a Chairman who shall be a Judge of the Supreme Court:these appointments shall be made after consultationwith the Council of State. In the case of an equality of votes but not otherwise the Chairman shall be entitledto vote.

4° The President shall refer the question to theCommittee of Privileges so appointed and theCommittee shall report its decision thereon to thePresident within twenty-one days after the day on whichthe Bill was sent to Seanad Éireann.




5° The decision of the Committee shall be final andconclusive.

6° If the President after consultation with the Council of State decides not to accede to the request of Seanad

Éireann, or if the Committee of Privileges fails to reportwithin the time hereinbefore specified the certificate of the Chairman of Dáil Éireann shall stand confirmed.

Time fo r Cons idera t ion o f B i l l s

Article 23

1. This Article applies to every Bill passed by Dáil Éireann andsent to Seanad Éireann other than a Money Bill or a Bill thetime for the consideration of which by Seanad Éireann shall

have been abridged under Article 24 of this Constitution.1° Whenever a Bill to which this Article applies is withinthe stated period defined in the next following sub-section either rejected by Seanad Éireann or passed bySeanad Éireann with amendments to which Dáil Éireanndoes not agree or is neither passed (with or withoutamendment) nor rejected by Seanad Éireann within thestated period, the Bill shall, if Dáil Éireann so resolveswithin one hundred and eighty days after the expirationof the stated period be deemed to have been passed byboth Houses of the Oireachtas on the day on which theresolution is passed.

2° The stated period is the period of ninety dayscommencing on the day on which the Bill is first sent byDáil Éireann to Seanad Éireann or any longer periodagreed upon in respect of the Bill by both Houses of theOireachtas.

2. 1° The preceding section of this Article shall apply to a Billwhich is initiated in and passed by Seanad Éireann, amendedby Dáil Éireann, and accordingly deemed to have beeninitiated in Dáil Éireann.

2° For the purpose of this application the stated periodshall in relation to such a Bill commence on the day onwhich the Bill is first sent to Seanad Éireann afterhaving been amended by Dáil Éireann.

Article 24

1. If and whenever on the passage by Dáil Éireann of any Bill,other than a Bill expressed to be a Bill containing a proposal




to amend the Constitution, the Taoiseach certifies bymessages in writing addressed to the President and to theChairman of each House of the Oireachtas that, in the opinionof the Government, the Bill is urgent and immediatelynecessary for the preservation of the public peace and

security, or by reason of the existence of a public emergency,whether domestic or international, the time for theconsideration of such Bill by Seanad Éireann shall, if DáilÉireann so resolves and if the President, after consultationwith the Council of State, concurs, be abridged to such periodas shall be specified in the resolution.

2. Where a Bill, the time for the consideration of which bySeanad Éireann has been abridged under this Article,

(a) is, in the case of a Bill which is nota Money Bill, rejected by SeanadÉireann or passed by Seanad Éireannwith amendments to which DáilÉireann does not agree or neitherpassed nor rejected by SeanadÉireann, or

(b) is, in the case of a Money Bill,either returned by Seanad Éireann toDáil Éireann with recommendations

which Dáil Éireann does not accept oris not returned by Seanad Éireann toDáil Éireann,

within the period specified in the resolution, the Billshall be deemed to have been passed by both Houses of the Oireachtas at the expiration of that period.

3. When a Bill the time for the consideration of which by SeanadÉireann has been abridged under this Article becomes law itshall remain in force for a period of ninety days from the date

of its enactment and no longer unless, before the expiration of that period, both Houses shall have agreed that such law shallremain in force for a longer period and the longer period soagreed upon shall have been specified in resolutions passedby both Houses.

Sign ing and P romu lga t ion o f Law s

Article 25

1. As soon as any Bill, other than a Bill expressed to be a Bill

containing a proposal for the amendment of this Constitution,shall have been passed or deemed to have been passed by




both Houses of the Oireachtas, the Taoiseach shall present itto the President for his signature and for promulgation by himas a law in accordance with the provisions of this Article.

2. 1° Save as otherwise provided by this Constitution, every Bill

so presented to the President for his signature and forpromulgation by him as a law shall be signed by the Presidentnot earlier than the fifth and not later than the seventh dayafter the date on which the Bill shall have been presented tohim.

2° At the request of the Government, with the priorconcurrence of Seanad Éireann, the President may signany Bill the subject of such request on a date which isearlier than the fifth day after such date as aforesaid.

3. Every Bill the time for the consideration of which by SeanadÉireann shall have been abridged under Article 24 of thisConstitution shall be signed by the President on the day onwhich such Bill is presented to him for signature andpromulgation as a law.

4. 1° Every Bill shall become and be law as on and from the dayon which it is signed by the President under this Constitution,and shall, unless the contrary intention appears, come intooperation on that day.

2° Every Bill signed by the President under thisConstitution shall be promulgated by him as a law bythe publication by his direction of a notice in the IrisOifigiúil stating that the Bill has become law.

3° Every Bill shall be signed by the President in the textin which it was passed or deemed to have been passedby both Houses of the Oireachtas, and if a Bill is sopassed or deemed to have been passed in both theofficial languages, the President shall sign the text of

the Bill in each of those languages.4° Where the President signs the text of a Bill in oneonly of the official languages, an official translation shallbe issued in the other official language.

5° As soon as may be after the signature andpromulgation of a Bill as a law, the text of such lawwhich was signed by the President or, where thePresident has signed the text of such law in each of theofficial languages, both the signed texts shall be

enrolled for record in the office of the Registrar of theSupreme Court, and the text, or both the texts, so




enrolled shall be conclusive evidence of the provisions of such law.

6° In case of conflict between the texts of a law enrolledunder this section in both the official languages, the text

in the national language shall prevail.5. 1° It shall be lawful for the Taoiseach, from time to time as

occasion appears to him to require, to cause to be preparedunder his supervision a text (in both the official languages) of this Constitution as then in force embodying all amendmentstheretofore made therein.

2° A copy of every text so prepared, whenauthenticated by the signatures of the Taoiseach andthe Chief Justice, shall be signed by the President and

shall be enrolled for record in the office of the Registrarof the Supreme Court.

3° The copy so signed and enrolled which is for the timebeing the latest text so prepared shall, upon suchenrolment, be conclusive evidence of this Constitutionas at the date of such enrolment and shall for thatpurpose supersede all texts of this Constitution of whichcopies were so enrolled.

4° In case of conflict between the texts of any copy of this Constitution enrolled under this section, the text inthe national language shall prevail.

Referen ce o f B i l l s to t he Supr em e Cour t

Article 26

This Article applies to any Bill passed or deemed to have beenpassed by both Houses of the Oireachtas other than a Money Bill, ora Bill expressed to be a Bill containing a proposal to amend the

Constitution, or a Bill the time for the consideration of which bySeanad Éireann shall have been abridged under Article 24 of thisConstitution.

1. 1° The President may, after consultation with the Council of State, refer any Bill to which this Article applies to theSupreme Court for a decision on the question as to whethersuch Bill or any specified provision or provisions of such Bill isor are repugnant to this Constitution or to any provisionthereof.




2° Every such reference shall be made not later thanthe seventh day after the date on which such Bill shallhave been presented by the Taoiseach to the Presidentfor his signature.

3° The President shall not sign any Bill the subject of areference to the Supreme Court under this Articlepending the pronouncement of the decision of theCourt.

2. 1° The Supreme Court consisting of not less than five judgesshall consider every question referred to it by the Presidentunder this Article for a decision, and, having heard argumentsby or on behalf of the Attorney General and by counselassigned by the Court, shall pronounce its decision on suchquestion in open court as soon as may be, and in any casenot later than sixty days after the date of such reference.

2° The decision of the majority of the judges of the SupremeCourt shall, for the purposes of this Article, be the decision of the Court and shall be pronounced by such one of those judges as the Court shall direct, and no other opinion,whether assenting or dissenting, shall be pronounced nor shallthe existence of any such other opinion be disclosed.

3. 1° In every case in which the Supreme Court decides that any

provision of a Bill the subject of a reference to the SupremeCourt under this Article is repugnant to this Constitution or toany provision thereof, the President shall decline to sign suchBill.

2° If, in the case of a Bill to which Article 27 of thisConstitution applies, a petition has been addressed to thePresident under that Article, that Article shall be compliedwith.

3° In every other case the President shall sign the Bill as soon

as may be after the date on which the decision of theSupreme Court shall have been pronounced.




Reference of Bills to the People

Article 27

This Article applies to any Bill, other than a Bill expressed to be a

Bill containing a proposal for the amendment of this Constitution,which shall have been deemed, by virtue of Article 23 hereof, tohave been passed by both Houses of the Oireachtas.

1. A majority of the members of Seanad Éireann and not lessthan one-third of the members of Dáil Éireann may by a jointpetition addressed to the President by them under this Articlerequest the President to decline to sign and promulgate as alaw any Bill to which this article applies on the ground that theBill contains a proposal of such national importance that thewill of the people thereon ought to be ascertained.

2. Every such petition shall be in writing and shall be signed bythe petitioners whose signatures shall be verified in themanner prescribed by law.

3. Every such petition shall contain a statement of the particularground or grounds on which the request is based, and shall bepresented to the President not later than four days after thedate on which the Bill shall have been deemed to have beenpassed by both Houses of the Oireachtas.

4. 1° Upon receipt of a petition addressed to him under thisArticle, the President shall forthwith consider such petitionand shall, after consultation with the Council of State,pronounce his decision thereon not later than ten days afterthe date on which the Bill to which such petition relates shallhave been deemed to have been passed by both Houses of the Oireachtas.

2° If the Bill or any provision thereof is or has been referredto the Supreme Court under Article 26 of this Constitution, it

shall not be obligatory on the President to consider thepetition unless or until the Supreme Court has pronounced adecision on such reference to the effect that the said Bill orthe said provision thereof is not repugnant to this Constitutionor to any provision thereof, and, if a decision to that effect ispronounced by the Supreme Court, it shall not be obligatoryon the President to pronounce his decision on the petitionbefore the expiration of six days after the day on which thedecision of the Supreme Court to the effect aforesaid ispronounced.

5. 1° In every case in which the President decides that a Bill thesubject of a petition under this Article contains a proposal of




such national importance that the will of the people thereonought to be ascertained, he shall inform the Taoiseach andthe Chairman of each House of the Oireachtas accordingly inwriting under his hand and Seal and shall decline to sign andpromulgate such Bill as a law unless and until the proposal

shall have been approved either

i by the people at a Referendumin accordance with theprovisions of section 2 of Article47 of this Constitution within aperiod of eighteen months fromthe date of the President’sdecision, or

ii by a resolution of Dáil Éireannpassed within the said periodafter a dissolution and re-assembly of Dáil Éireann.

2° Whenever a proposal contained in a Bill the subjectof a petition under this Article shall have been approvedeither by the people or by a resolution of Dáil Éireann inaccordance with the foregoing provisions of this section,such Bill shall as soon as may be after such approval bepresented to the President for his signature and

promulgation by him as a law and the President shallthereupon sign the Bill and duly promulgate it as a law.

6. In every case in which the President decides that a Bill thesubject of a petition under this Article does not contain aproposal of such national importance that the will of thepeople thereon ought to be ascertained, he shall inform theTaoiseach and the Chairman of each House of the Oireachtasaccordingly in writing under his hand and Seal, and such Billshall be signed by the President not later than eleven daysafter the date on which the Bill shall have been deemed tohave been passed by both Houses of the Oireachtas and shallbe duly promulgated by him as a law.




THE GOVERNMENT

Article 28

1. The Government shall consist of not less than seven and not

more than fifteen members who shall be appointed by thePresident in accordance with the provisions of thisConstitution.

2. The executive power of the State shall, subject to theprovisions of this Constitution, be exercised by or on theauthority of the Government.

3. 1° War shall not be declared and the State shall notparticipate in any war save with the assent of Dáil Éireann.

2° In the case of actual invasion, however, theGovernment may take whatever steps they mayconsider necessary for the protection of the State, andDáil Éireann if not sitting shall be summoned to meet atthe earliest practicable date.

3° Nothing in this Constitution other than Article 15.5.2°shall be invoked to invalidate any law enacted by theOireachtas which is expressed to be for the purpose of securing the public safety and the preservation of theState in time of war or armed rebellion, or to nullify anyact done or purporting to be done in time of war orarmed rebellion in pursuance of any such law. In thissub-section "time of war" includes a time when there istaking place an armed conflict in which the State is nota participant but in respect of which each of the Housesof the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency existsaffecting the vital interests of the State and "time of waror armed rebel-lion" includes such time after thetermination of any war, or of any such armed conflict as

aforesaid, or of an armed rebellion, as may elapse untileach of the Houses of the Oireachtas shall haveresolved that the national emergency occasioned bysuch war, armed conflict, or armed rebellion has ceasedto exist.

4. 1° The Government shall be responsible to Dáil Éireann.

2° The Government shall meet and act as a collectiveauthority, and shall be collectively responsible for theDepartments of State administered by the members of the Government.




3° The confidentiality of discussions at meetings of theGovernment shall be respected in all circumstances saveonly where the High Court determines that disclosureshould be made in respect of a particular matter -

i in the interests of the administrationof justice by a Court, or

ii by virtue of an overriding publicinterest, pursuant to an application inthat behalf by a tribunal appointed bythe Government or a Minister of theGovernment on the authority of theHouses of the Oireachtas to inquireinto a matter stated by them to be of public importance.

4° The Government shall prepare Estimates of theReceipts and Estimates of the Expenditure of the Statefor each financial year, and shall present them to DáilÉireann for consideration.

5. 1° The head of the Government, or Prime Minister, shall becalled, and is in this Constitution referred to as, theTaoiseach.

2° The Taoiseach shall keep the President generallyinformed on matters of domestic and internationalpolicy.

6. 1° The Taoiseach shall nominate a member of theGovernment to be the Tánaiste.

2° The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or becomepermanently incapacitated, until a new Taoiseach shallhave been appointed.

3° The Tánaiste shall also act for or in the place of theTaoiseach during the temporary absence of theTaoiseach.

7. 1° The Taoiseach, the Tánaiste and the member of theGovernment who is in charge of the Department of Financemust be members of Dáil Éireann.

2° The other members of the Government must bemembers of Dáil Éireann or Seanad Éireann, but notmore than two may be members of Seanad Éireann.






LOCAL GOVERNMENT

Article 28A

1. The State recognises the role of local government in providing

a forum for the democratic representation of localcommunities, in exercising and performing at local levelpowers and functions conferred by law and in promoting by itsinitiatives the interests of such communities.

2. There shall be such directly elected local authorities as maybe determined by law and their powers and functions shall,subject to the provisions of this Constitution, be sodetermined and shall be exercised and performed inaccordance with law.

3. Elections for members of such local authorities shall be held inaccordance with law not later than the end of the fifth yearafter the year in which they were last held.

4. Every citizen who has the right to vote at an election formembers of Dáil Éireann and such other persons as may bedetermined by law shall have the right to vote at an electionfor members of such of the local authorities referred to insection 2 of this Article as shall be determined by law.

5. Casual vacancies in the membership of local authoritiesreferred to in section 2 of this Article shall be filled inaccordance with law.




INTERNATIONAL RELATIONS

Article 29

1. Ireland affirms its devotion to the ideal of peace and friendly

co-operation amongst nations founded on international justice and morality.

2. Ireland affirms its adherence to the principle of the pacificsettlement of international disputes by internationalarbitration or judicial determination.

3. Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations withother States.

4. 1° The executive power of the State in or in connection withits external relations shall in accordance with Article 28of this Constitution be exercised by or on the authority of theGovernment.

2° For the purpose of the exercise of any executivefunction of the State in or in connection with its externalrelations, the Government may to such extent andsubject to such conditions, if any, as may bedetermined by law, avail of or adopt any organ,instrument, or method of procedure used or adopted forthe like purpose by the members of any group or leagueof nations with which the State is or becomes associatedfor the purpose of international co-operation in mattersof common concern.

3° The State may become a member of the EuropeanCoal and Steel Community (established by Treatysigned at Paris on the 18th day of April, 1951), theEuropean Economic Community (established by Treatysigned at Rome on the 25th day of March, 1957) and

the European Atomic Energy Community (established byTreaty signed at Rome on the 25th day of March, 1957).The State may ratify the Single European Act (signed onbehalf of the Member States of the Communities atLuxembourg on the 17th day of February, 1986, and atthe Hague on the 28th day of February, 1986).

4° The State may ratify the Treaty on European Unionsigned at Maastricht on the 7th day of February, 1992,and may become a member of that Union.

5° The State may ratify the Treaty of Amsterdamamending the Treaty on European Union, the Treaties




establishing the European Communities and certainrelated Acts signed at Amsterdam on the 2nd day of October, 1997.

6° The State may exercise the options or discretions

provided by or under Articles 1.11, 2.5 and 2.15 of theTreaty referred to in subsection 5° of this section andthe second and fourth Protocols set out in the saidTreaty but any such exercise shall be subject to theprior approval of both Houses of the Oireachtas.

7° The State may ratify the Treaty of Nice amending theTreaty on European Union, the Treaties establishing theEuropean Communities and certain related Acts signedat Nice on the 26th day of February, 2001.

8° The State may exercise the options or discretionsprovided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13and 2.1 of the Treaty referred to in subsection 7° of thissection but any such exercise shall be subject to theprior approval of both Houses of the Oireachtas.

9° The State shall not adopt a decision taken by theEuropean Council to establish a common defencepursuant to Article 1.2 of the Treaty referred to insubsection 7° of this section where that common

defence would include the State.10° No provision of this Constitution invalidates lawsenacted, acts done or measures adopted by the Statewhich are necessitated by the obligations of membership of the European Union or of theCommunities, or prevents laws enacted, acts done ormeasures adopted by the European Union or by theCommunities or by institutions thereof, or by bodiescompetent under the Treaties establishing theCommunities, from having the force of law in the State.

11° The State may ratify the Agreement relating toCommunity Patents drawn up between the MemberStates of the Communities and done at Luxembourg onthe 15th day of December, 1989.

5. 1° Every international agreement to which the State becomesa party shall be laid before Dáil Éireann.

2° The State shall not be bound by any internationalagreement involving a charge upon public funds unless

the terms of the agreement shall have been approvedby Dáil Éireann.




3° This section shall not apply to agreements orconventions of a technical and adminstrative character.

6. No international agreement shall be part of the domestic lawof the State save as may be determined by the

Oireachtas.7. 1° The State may consent to be bound by the British-Irish

Agreement done at Belfast on the 10th day of April, 1998,hereinafter called the Agreement.

2° Any institution established by or under the Agreement mayexercise the powers and functions thereby conferredon it in respect of all or any part of the island of Irelandnotwithstanding any other provision of this Constitutionconferring a like power or function on any person or any

organ of State appointed under or created or established byor under this Constitution. Any power or function conferred onsuch an institution in relation to the settlement orresolution of disputes or controversies may be in addition toor in substitution for any like power or function conferredby this Constitution on any such person or organ of State asaforesaid.

8. The State may exercise extra-territorial jurisdiction inaccordance with the generally recognised principles of

international law.9. The State may ratify the Rome Statute of the International

Criminal Court done at Rome on the 17th day of July, 1998.




THE ATTORNEY GENERAL

Article 30

1. There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shallexercise and perform all such powers, functions and duties asare conferred or imposed on him by this Constitution or bylaw.

2. The Attorney General shall be appointed by the President onthe nomination of the Taoiseach.

3. All crimes and offences prosecuted in any court constitutedunder Article 34 of this Constitution other than a court of

summary jurisdiction shall be prosecuted in the name of thePeople and at the suit of the Attorney General or some otherperson authorised in accordance with law to act for thatpurpose.

4. The Attorney General shall not be a member of theGovernment.

5. 1° The Attorney General may at any time resign from officeby placing his resignation in the hands of the Taoiseach forsubmission to the President.

2° The Taoiseach may, for reasons which to him seemsufficient, request the resignation of the AttorneyGeneral.

3° In the event of failure to comply with the request,the appointment of the Attorney General shall beterminated by the President if the Taoiseach so advises.

4° The Attorney General shall retire from office upon theresignation of the Taoiseach, but may continue to carry

on his duties until the successor to the Taoiseach shallhave been appointed.

6. Subject to the foregoing provisions of this Article, the office of Attorney General, including the remuneration to be paid tothe holder of the office, shall be regulated by law.




THE COUNCIL OF STATE

Article 31

1. There shall be a Council of State to aid and counsel thePresident on all matters on which the President may consultthe said Council in relation to the exercise and performanceby him of such of his powers and functions as are by thisConstitution expressed to be exercisable and performableafter consultation with the Council of State, and to exercisesuch other functions as are conferred on the said Council bythis Constitution.

2. The Council of State shall consist of the following members:

i. As ex-officio members: the Taoiseach, theTánaiste, the Chief Justice, the President of theHigh Court, the Chairman of Dáil Éireann, theChairman of Seanad Éireann, and the AttorneyGeneral.

ii. Every person able and willing to act as a memberof the Council of State who shall have held theoffice of President, or the office of Taoiseach, orthe office of Chief Justice, or the office of President of the Executive Council of SaorstátÉireann.

iii. Such other persons, if any, as may be appointedby the President under this Article to be membersof the Council of State.

3. The President may at any time and from time to time bywarrant under his hand and Seal appoint such other personsas, in his absolute discretion, he may think fit, to be members

of the Council of State, but not more than seven persons soappointed shall be members of the Council of State at thesame time.

4. Every member of the Council of State shall at the firstmeeting thereof which he attends as a member take andsubscribe a declaration in the following form:

"In the presence of Almighty God I, ,do solemnly and sincerely promise anddeclare that I will faithfully and

conscientiously fulfil my duties as a memberof the Council of State."




5. Every member of the Council of State appointed by thePresident, unless he dies, resigns, becomes permanentlyincapacitated, or is removed from office, shall hold office untilthe successor of the President by whom he was appointedshall have entered upon his office.

6. Any member of the Council of State appointed by thePresident may resign from office by placing his resignation inthe hands of the President.

7. The President may, for reasons which to him seem sufficient,by an order under his hand and Seal, terminate theappointment of any member of the Council of State appointedby him.

8. Meetings of the Council of State may be convened by the

President at such times and places as he shall determine.

Article 32

The President shall not exercise or perform any of thepowers or functions which are by this Constitutionexpressed to be exercisable or performable by him afterconsultation with the Council of State unless, and onevery occasion before so doing, he shall have conveneda meeting of the Council of State and the memberspresent at such meeting shall have been heard by him.




THE COMPTROLLER AND AUDITOR GENERAL

Article 33

1. There shall be a Comptroller and Auditor General to control on

behalf of the State all disbursements and to audit all accountsof moneys administered by or under the authority of theOireachtas.

2. The Comptroller and Auditor General shall be appointed bythe President on the nomination of Dáil Éireann.

3. The Comptroller and Auditor General shall not be a member of either House of the Oireachtas and shall not hold any otheroffice or position of emolument.

4. The Comptroller and Auditor General shall report to DáilÉireann at stated periods as determined by law.

5. 1° The Comptroller and Auditor General shall not be removedfrom office except for stated misbehaviour or incapacity, andthen only upon resolutions passed by Dáil Éireann and bySeanad Éireann calling for his removal.

2° The Taoiseach shall duly notify the President of anysuch resolutions as aforesaid passed by Dáil Éireann andby Seanad Éireann and shall send him a copy of each

such resolution certified by the Chairman of the Houseof the Oireachtas by which it shall have been passed.

3° Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by anorder under his hand and Seal, remove the Comptrollerand Auditor General from office.

6. Subject to the foregoing, the terms and conditions of theoffice of Comptroller and Auditor General shall be determinedby law.




THE COURTS

Article 34

1. Justice shall be administered in courts established by law by

judges appointed in the manner provided by this Constitution,and, save in such special and limited cases as may beprescribed by law, shall be administered in public.

2. The Courts shall comprise Courts of First Instance and a Courtof Final Appeal.

3. 1° The Courts of First Instance shall include a High Courtinvested with full original jurisdiction in and power todetermine all matters and questions whether of law or fact,civil or criminal.

2° Save as otherwise provided by this Article, the jurisdiction of the High Court shall extend to thequestion of the validity of any law having regard to theprovisions of this Constitution, and no such questionshall be raised (whether by pleading, argument orotherwise) in any Court established under this or anyother Article of this Constitution other than the HighCourt or the Supreme Court.

3° No Court whatever shall have jurisdiction to questionthe validity of a law, or any provision of a law, the Billfor which shall have been referred to the Supreme Courtby the President under Article 26 of this Constitution, orto question the validity of a provision of a law where thecorresponding provision in the Bill for such law shallhave been referred to the Supreme Court by thePresident under the said Article 26.

4° The Courts of First Instance shall also include Courtsof local and limited jurisdiction with a right of appeal as

determined by law.4. 1° The Court of Final Appeal shall be called the Supreme

Court.

2° The president of the Supreme Court shall be calledthe Chief Justice.

3° The Supreme Court shall, with such exceptions andsubject to such regulations as may be prescribed bylaw, have appellate jurisdiction from all decisions of the

High Court, and shall also have appellate jurisdiction




from such decisions of other courts as may beprescribed by law.

4° No law shall be enacted excepting from the appellate jurisdiction of the Supreme Court cases which involve

questions as to the validity of any law having regard tothe provisions of this Constitution.

5° The decision of the Supreme Court on a question asto the validity of a law having regard to the provisionsof this Constitution shall be pronounced by such one of the judges of that Court as that Court shall direct, andno other opinion on such question, whether assenting ordissenting, shall be pronounced, nor shall the existenceof any such other opinion be disclosed.

6° The decision of the Supreme Court shall in all casesbe final and conclusive.

5. 1° Every person appointed a judge under this Constitutionshall make and subscribe the following declaration:

"In the presence of Almighty God I, , dosolemnly and sincerely promise and declarethat I will duly and faithfully and to the bestof my knowledge and power execute theoffice of Chief Justice (or as the case maybe) without fear or favour, affection or ill-will towards any man, and that I will upholdthe Constitution and the laws. May Goddirect and sustain me."

2° This declaration shall be made and subscribed by theChief Justice in the presence of the President, and byeach of the other judges of the Supreme Court, the judges of the High Court and the judges of every otherCourt in the presence of the Chief Justice or the senior

available judge of the Supreme Court in open court.3° The declaration shall be made and subscribed byevery judge before entering upon his duties as such judge, and in any case not later than ten days after thedate of his appointment or such later date as may bedetermined by the President.

4° Any judge who declines or neglects to make suchdeclaration as aforesaid shall be deemed to havevacated his office.




Article 35

1. The judges of the Supreme Court, the High Court and allother Courts established in pursuance of Article 34 hereof

shall be appointed by the President.2. All judges shall be independent in the exercise of their judicial

functions and subject only to this Constitution and the law.

3. No judge shall be eligible to be a member of either House of the Oireachtas or to hold any other office or position of emolument.

4. 1° A judge of the Supreme Court or the High Court shall notbe removed from office except for stated misbehaviour or

incapacity, and then only upon resolutions passed by DáilÉireann and by Seanad Éireann calling for his removal.

2° The Taoiseach shall duly notify the President of anysuch resolutions passed by Dáil Éireann and by SeanadÉireann, and shall send him a copy of every suchresolution certified by the Chairman of the House of theOireachtas by which it shall have been passed.

3° Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an

order under his hand and Seal, remove from office the judge to whom they relate.

5. The remuneration of a judge shall not be reduced during hiscontinuance in office.

Article 36

Subject to the foregoing provisions of this Constitution relating tothe Courts, the following matters shall be regulated in accordance

with law, that is to say:i. the number of judges of the Supreme Court, and

of the High Court, the remuneration, age of retirement and pensions of such judges,

ii. the number of the judges of all other Courts, andtheir terms of appointment, and

iii. the constitution and organization of the saidCourts, the distribution of jurisdiction and

business among the said Courts and judges, andall matters of procedure.




Article 37

1. Nothing in this Constitution shall operate to invalidate theexercise of limited functions and powers of a judicial nature,

in matters other than criminal matters, by any person or bodyof persons duly authorised by law to exercise such functionsand powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established assuch under this Constitution.

2. No adoption of a person taking effect or expressed to takeeffect at any time after the coming into operation of thisConstitution under laws enacted by the Oireachtas and beingan adoption pursuant to an order made or an authorisationgiven by any person or body of persons designated by thoselaws to exercise such functions and powers was or shall beinvalid by reason only of the fact that such person or body of persons was not a judge or a court appointed or establishedas such under this Constitution.




TRIAL OF OFFENCES

Article 38

1. No person shall be tried on any criminal charge save in due

course of law.2. Minor offences may be tried by courts of summary

jurisdiction.

3. 1° Special courts may be established by law for the trial of offences in cases where it may be determined in accordancewith such law that the ordinary courts are inadequate tosecure the effective administration of justice, and thepreservation of public peace and order.

2° The constitution, powers, jurisdiction and procedureof such special courts shall be prescribed by law.

4. 1° Military tribunals may be established for the trial of offences against military law alleged to have been committedby persons while subject to military law and also to deal witha state of war or armed rebellion.

2° A member of the Defence Forces not on activeservice shall not be tried by any courtmartial or othermilitary tribunal for an offence cognisable by the civil

courts unless such offence is within the jurisdiction of any courtmartial or other military tribunal under any lawfor the enforcement of military discipline.

5. Save in the case of the trial of offences under section 2,section 3 or section 4 of this Article no person shall be triedon any criminal charge without a jury.

6. The provisions of Articles 34 and 35 of this Constitution shallnot apply to any court or tribunal set up under section 3 orsection 4 of this Article.






FUNDAMENTAL RIGHTS

Personal Rights

Article 40

1. All citizens shall, as human persons, be held equal before thelaw.

This shall not be held to mean that the State shall not inits enactments have due regard to differences of capacity, physical and moral, and of social function.

2. 1° Titles of nobility shall not be conferred by the State.

2° No title of nobility or of honour may be accepted by

any citizen except with the prior approval of theGovernment.

3. 1° The State guarantees in its laws to respect, and, as far aspracticable, by its laws to defend and vindicate the personalrights of the citizen.

2° The State shall, in particular, by its laws protect asbest it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name,and property rights of every citizen.

3° The State acknowledges the right to life of theunborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, asfar as practicable, by its laws to defend and vindicatethat right.

This subsection shall not limit freedom to travelbetween the State and another state.

This subsection shall not limit freedom to obtain or

make available, in the State, subject to such conditionsas may be laid down by law, information relating toservices lawfully available in another state.

4. 1° No citizen shall be deprived of his personal liberty save inaccordance with law.

2° Upon complaint being made by or on behalf of any personto the High Court or any judge thereof alleging that suchperson is being unlawfully detained, the High Court and anyand every judge thereof to whom such complaint is made

shall forthwith enquire into the said complaint and may orderthe person in whose custody such person is detained to






i. The right of the citizens to express freely theirconvictions and opinions.

The education of public opinion being,however, a matter of such grave import to

the common good, the State shallendeavour to ensure that organs of publicopinion, such as the radio, the press, thecinema, while preserving their rightfulliberty of expression, including criticism of Government policy, shall not be used toundermine public order or morality or theauthority of the State.

The publication or utterance of blasphemous, seditious, or indecent matteris an offence which shall be punishable inaccordance with law.

ii. The right of the citizens to assemble peaceablyand without arms.

Provision may be made by law to prevent orcontrol meetings which are determined inaccordance with law to be calculated tocause a breach of the peace or to be a

danger or nuisance to the general public andto prevent or control meetings in the vicinityof either House of the Oireachtas.

iii. The right of the citizens to form associations andunions.

Laws, however, may be enacted for theregulation and control in the public interestof the exercise of the foregoing right.

2° Laws regulating the manner in which the right of forming associations and unions and the right of freeassembly may be exercised shall contain no political,religious or class discrimination.

The Family

Article 41

1. 1° The State recognises the Family as the natural primary andfundamental unit group of Society, and as a moral institutionpossessing inalienable and imprescriptible rights, antecedentand superior to all positive law.




2° The State, therefore, guarantees to protect theFamily in its constitution and authority, as the necessarybasis of social order and as indispensable to the welfareof the Nation and the State.

2. 1° In particular, the State recognises that by her life withinthe home, woman gives to the State a support without whichthe common good cannot be achieved.

2° The State shall, therefore, endeavour to ensure thatmothers shall not be obliged by economic necessity toengage in labour to the neglect of their duties in thehome.

3. 1° The State pledges itself to guard with special care theinstitution of Marriage, on which the Family is founded, and to

protect it against attack.

2° A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that

i. at the date of the institution of theproceedings, the spouses have livedapart from one another for a periodof, or periods amounting to, at leastfour years during the five years,

ii. there is no reasonable prospect of areconciliation between the spouses,

iii. such provision as the Court considersproper having regard to thecircumstances exists or will be madefor the spouses, any children of eitheror both of them and any other personprescribed by law, and

iv. any further conditions prescribed by

law are complied with.

3° No person whose marriage has been dissolved underthe civil law of any other State but is a subsisting validmarriage under the law for the time being in forcewithin the jurisdiction of the Government andParliament established by this Constitution shall becapable of contracting a valid marriage within that jurisdiction during the lifetime of the other party to themarriage so dissolved.




Education

Article 42

1. The State acknowledges that the primary and naturaleducator of the child is the Family and guarantees to respectthe inalienable right and duty of parents to provide, accordingto their means, for the religious and moral, intellectual,physical and social education of their children.

2. Parents shall be free to provide this education in their homesor in private schools or in schools recognised or established bythe State.

3. 1° The State shall not oblige parents in violation of their

conscience and lawful preference to send their children toschools established by the State, or to any particular type of school designated by the State.

2° The State shall, however, as guardian of the commongood, require in view of actual conditions that thechildren receive a certain minimum education, moral,intellectual and social.

4. The State shall provide for free primary education and shallendeavour to supplement and give reasonable aid to private

and corporate educational initiative, and, when the publicgood requires it, provide other educational facilities orinstitutions with due regard, however, for the rights of parents, especially in the matter of religious and moralformation.

5. In exceptional cases, where the parents for physical or moralreasons fail in their duty towards their children, the State asguardian of the common good, by appropriate means shallendeavour to supply the place of the parents, but always withdue regard for the natural and imprescriptible rights of thechild.

Private Property

Article 43

1. 1° The State acknowledges that man, in virtue of his rationalbeing, has the natural right, antecedent to positive law, to theprivate ownership of external goods.

2° The State accordingly guarantees to pass no law

attempting to abolish the right of private ownership or




the general right to transfer, bequeath, and inheritproperty.

2. 1° The State recognises, however, that the exercise of therights mentioned in the foregoing provisions of this Article

ought, in civil society, to be regulated by the principles of social justice.

2° The State, accordingly, may as occasion requiresdelimit by law the exercise of the said rights with a viewto reconciling their exercise with the exigencies of thecommon good.

Religion

Article 441. The State acknowledges that the homage of public worship is

due to Almighty God. It shall hold His Name in reverence, andshall respect and honour religion.

2. 1° Freedom of conscience and the free profession and practiceof religion are, subject to public order and morality,guaranteed to every citizen.

2° The State guarantees not to endow any religion.

3° The State shall not impose any disabilities or makeany discrimination on the ground of religious profession,belief or status.

4° Legislation providing State aid for schools shall notdiscriminate between schools under the management of different religious denominations, nor be such as toaffect prejudicially the right of any child to attend aschool receiving public money without attendingreligious instruction at that school.

5° Every religious denomination shall have the right tomanage its own affairs, own, acquire and administerproperty, movable and immovable, and maintaininstitutions for religious or charitable purposes.

6° The property of any religious denomination or anyeducational institution shall not be diverted save fornecessary works of public utility and on payment of compensation.




DIRECTIVE PRINCIPLES OF SOCIAL POLICY

Article 45

The principles of social policy set forth in this Article are intended

for the general guidance of the Oireachtas. The application of thoseprinciples in the making of laws shall be the care of the Oireachtasexclusively, and shall not be cognisable by any Court under any of the provisions of this Constitution.

1. The State shall strive to promote the welfare of the wholepeople by securing and protecting as effectively as it may asocial order in which justice and charity shall inform all theinstitutions of the national life.

2. The State shall, in particular, direct its policy towards

securing:

i. That the citizens (all of whom, men and womenequally, have the right to an adequate means of livelihood) may through their occupations find themeans of making reasonable provision for theirdomestic needs.

ii. That the ownership and control of the materialresources of the community may be so distributedamongst private individuals and the variousclasses as best to subserve the common good.

iii. That, especially, the operation of free competitionshall not be allowed so to develop as to result inthe concentration of the ownership or control of essential commodities in a few individuals to thecommon detriment.

iv. That in what pertains to the control of credit theconstant and predominant aim shall be the

welfare of the people as a whole.v. That there may be established on the land in

economic security as many families as in thecircumstances shall be practicable.

3. 1° The State shall favour and, where necessary, supplementprivate initiative in industry and commerce.

2° The State shall endeavour to secure that privateenterprise shall be so conducted as to ensurereasonable efficiency in the production and distribution




of goods and as to protect the public against unjustexploitation.

4. 1° The State pledges itself to safeguard with especial care theeconomic interests of the weaker sections of the community,

and, where necessary, to contribute to the support of theinfirm, the widow, the orphan, and the aged.

2° The State shall endeavour to ensure that thestrength and health of workers, men and women, andthe tender age of children shall not be abused and thatcitizens shall not be forced by economic necessity toenter avocations unsuited to their sex, age or strength.




AMENDMENT OF THE CONSTITUTION

Article 46

1. Any provision of this Constitution may be amended, whether

by way of variation, addition, or repeal, in the mannerprovided by this Article.

2. Every proposal for an amendment of this Constitution shall beinitiated in Dáil Éireann as a Bill, and shall upon having beenpassed or deemed to have been passed by both Houses of theOireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being inforce relating to the Referendum.

3. Every such Bill shall be expressed to be "An Act to amend the

Constitution".

4. A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.

5. A Bill containing a proposal for the amendment of thisConstitution shall be signed by the President forthwith uponhis being satisfied that the provisions of this Article have beencomplied with in respect thereof and that such proposal hasbeen duly approved by the people in accordance with theprovisions of section 1 of Article 47 of this Constitution andshall be duly promulgated by the President as a law.




THE REFERENDUM

Article 47

1. Every proposal for an amendment of this Constitution which is

submitted by Referendum to the decision of the people shall,for the purpose of Article 46 of this Constitution, be held tohave been approved by the people, if, upon having been sosubmitted, a majority of the votes cast at such Referendumshall have been cast in favour of its enactment into law.

2. 1° Every proposal, other than a proposal to amend theConstitution, which is submitted by Referendum to thedecision of the people shall be held to have been vetoed bythe people if a majority of the votes cast at such Referendumshall have been cast against its enactment into law and if thevotes so cast against its enactment into law shall haveamounted to not less than thirty-three and one-third per cent.of the voters on the register.

2° Every proposal, other than a proposal to amend theConstitution, which is submitted by Referendum to thedecision of the people shall for the purposes of Article27 hereof be held to have been approved by the peopleunless vetoed by them in accordance with the provisionsof the foregoing sub-section of this section.

3. Every citizen who has the right to vote at an election formembers of Dáil Éireann shall have the right to vote at aReferendum.

4. Subject as aforesaid, the Referendum shall be regulated bylaw.




Repeal of Constitution of Saorstát Éireannand Continuance of Laws

Article 48

The Constitution of Saorstát Éireann in force immediately prior tothe date of the coming into operation of this Constitution and theConstitution of the Irish Free State (Saorstát Éireann) Act, 1922, inso far as that Act or any provision thereof is then in force shall beand are hereby repealed as on and from that date.

Article 49

1. All powers, functions, rights and prerogatives whatsoeverexercisable in or in respect of Saorstát Éireann immediatelybefore the 11th day of December, 1936, whether in virtue of

the Constitution then in force or otherwise, by the authority inwhich the executive power of Saorstát Éireann was thenvested are hereby declared to belong to the people.

2. It is hereby enacted that, save to the extent to whichprovision is made by this Constitution or may hereafter bemade by law for the exercise of any such power, function,right or prerogative by any of the organs established by thisConstitution, the said powers, functions, rights andprerogatives shall not be exercised or be capable of being

exercised in or in respect of the State save only by or on theauthority of the Government.

3. The Government shall be the successors of the Government of Saorstát Éireann as regards all property, assets, rights andliabilities.

Article 50

1. Subject to this Constitution and to the extent to which theyare not inconsistent therewith, the laws in force in Saorstát

Éireann immediately prior to the date of the coming intooperation of this Constitution shall continue to be of full forceand effect until the same or any of them shall have beenrepealed or amended by enactment of the Oireachtas.

2. Laws enacted before, but expressed to come into force after,the coming into operation of this Constitution, shall, unless

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